Kramer & Smith v. Haley
Kramer & Smith v. Haley
Opinion of the Court
■ This is an appeal by the Public Utility Commissioner from a decree of the. circuit court for Coos county setting aside two administrative orders cancelling plaintiff’s PUC permit.
Plaintiff, Alan H. Kramer, held- a PUC permit authorizing him to transport logs, poles and pilings'by motor carrier. In 1964 Kramer entered into a business partnership with Jewell Smith. On July 7, 1964, they listed their business with the State Department of Commerce as “log trucking.” Previously they filed a notice with the State Industrial Accident Commission that the partnership was engaged in a hazardous occupation and opened an account with the State Department of Employment.
In March of 1964 the Kramer & Smith partnership began purchasing additional vehicles which they registered with the Department of Motor Vehicles as eoowned. Beginning March 9, 1964, Kramer made application from time to time at the Public Utility Com
Between March, 1964 and May, 1965, the partnership carried on a log trucking business with the vehicles designated on Kramer’s application. In the course of conducting this business the partnership kept the account books and records, made deposits, paid the bills, paid the taxes, handled the payroll, and did everything else that was necessary in the operation of the log trucking business.
In May, 1965, after consulting an attorney, Kramer set up separate accounts so that payrolls and taxes were' paid with checks drawn on Kramer’s account (Alan Kramer Co.) and the proceeds from the trucking operation were deposited to this account. There was testimony, however, that Smith continued to exercise control over the trucking operation and over the disbursement of funds.
The Commissioner cancelled plaintiff’s permit, the order of cancellation reciting several grounds, one of which was the violation of ORS 767H90 (2)(i).
ORS 767.190 (2)(i) provides as follows:
“(i) Has filed with the commissioner an application which is false with regard to the ownership, possession or control of the equipment being used or the operation being conducted.”-
Plaintiff argues that the Public Utility Commissioner’s office was not misled because subsequent applications contained notations revealing that the partnership was the owner of the trucks and had leased them to plaintiff. This subsequent disclosure did not make the earlier applications any the less false and the Commissioner was entitled to regard the earlier violation as the basis for revoking the permit.
Plaintiff further argues that he disclosed to the Commissioner’s employee in the North Bend field office the ownership and lease of the trucks and that this notice to the Commissioner’s agent constituted notice to the Commissioner himself. This argument would have some force if the field office employee was vested with authority to approve or reject motor carrier applications. But the employee did not have such authority. She performed only the ministerial duties of receiving motor carrier applications and assisting applicants in idling out the application forms. The knowledge of such an employee will not be imputed to the Commissioner.
It is clear from the record that the permit issued to Kramer was in fact used by the Kramer-Smith partnership. Smith exercised a considerable amount of control over the operation of the business. Thus we have a use of the permit by a person whose
It is unnecessary to decide whether the other grounds stated in the Commissioner’s order for the cancellation of the permit were sound.
The decree of the trial court is reversed.
Reference
- Full Case Name
- KRAMER v. HALEY, PUBLIC UTILITY COMMISSIONER
- Cited By
- 1 case
- Status
- Published